This Agreement is to be completed by all local or independent vendors. Please complete all fields and be prepared to upload required documents (Form W-9 and Cost Sheet at minimum)

This agreement by and between Deep Roots Market, Inc. (Retailer) and the vendor indicated below (Vendor) shall commence on the signed date (Date) and will be considered agreed and valid upon signature by both parties. All activities and services provided by the Vendor will be supervised by the Retailer’s staff as listed below and will be applicable to the following terms and conditions.

1.1. This Agreement and the rights and duties of the parties hereto are expressly made subject to the terms and conditions of such Vendor/Retailer agreement.

1.2. The Vendor named within desires to sell locally grown, manufactured, or otherwise produced items to the Retailer on a wholesale basis.

1.3. The parties hereby expressly acknowledge and agree that it is their mutual intent that their relationship under this Agreement shall and will be on an independent vendor basis.

1.4. This Agreement may be terminated at any time by the Vendor for any reason provided the Vendor gives thirty (30) days written notice.

1.5. The Retailer reserves the right to terminate the Agreement at any time for any reason.

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows:

2.1. By entering into this agreement, the Vendor hereby represents that they have the expertise, knowledge, and experience needed to provide the goods and/or services outlined in this agreement.

2.2. The Vendor agrees to uphold all laws and legal requirements of the state of North Carolina.

2.3. This agreement shall be under the jurisdiction of the laws of the state of North Carolina. Therefore, any and all legal proceedings shall be conducted in the aforementioned state.

2.4. The Vendor agrees to purchase the necessary insurance during the term of this agreement and upon request shall provide proof of such insurance to the Retailer.

2.5. The Vendor shall be considered an independent contractor. This agreement does not establish an employer/employee relationship between the Retailer and Vendor, and no such agreement shall be established at any time.

2.6. Vendor guarantees dependable, predictable deliveries, adequate amounts of product, and consistently high standards of quality.

2.7. All deliveries must be accompanied by an invoice that contains the following information:

a. Full Name of Vendor, address, phone number, invoice number, and delivery date.
b. Description of items delivered.
c. Quantity and/or weight of each item with an extended subtotal amount that reflects the agreed upon price for each item.
d. Invoice total and agreed upon terms.

2.8. All produce will be accurately weighed or counted, sized, and cleaned before delivery. All boxes must be labeled with name of grower, product, quantity, and organic/non-organic status.

2.9. Any labeling claim made by the Vendor regarding their products such as but not limited to; Organic, Certified Naturally Grown, Gluten Free, Non-GMO, etc. must be verified with the proper valid documents of certification. Copies of these documents will be given to the Retailer to be kept on file and will be resubmitted each time certification is renewed.

2.10. All non-produce food items will be packaged for retail sale and labeled with name of product, ingredients, producer/vendor’s full information and UPC. Exceptions regarding UPC information will be made on a case by case basis, and in the instance of items intended to be retailed in a “bulk” fashion.

2.11. All deliveries will be made to the receiving entrance in the rear of the store and between the hours of 7:00 am and 3:00 pm unless otherwise arranged with and approved by the department manager.

2.12. No deliveries will be received without inspection for quality, freshness, proper size, proper quantity, and appearance. If any portion of the products delivered is deemed by Retailer’s receiving staff to be of substandard quality or fail to meet the above standards, then a portion or all of the delivery may be refused. In such case, the vendor will adjust the invoice accordingly.

2.13. The Retailer reserves the right for post-delivery inspection and may call the Vendor to receive full or partial credit for missing, damaged, or otherwise substandard product or incorrect pricing. In such a case, the Retailer would adjust the invoice after discussion with the Vendor.

2.14. All pricing will be agreed upon before delivery.

3.1. Under no circumstances will the Retailer accept C.O.D. deliveries.

3.2. The Vendor will deal directly with the Retailer’s accounting department regarding all payments.

4.1. Unless otherwise arranged, Retailer expects full credit be given on any product lacking in quality or reaching a “sell-by” date before being sold.

4.2. It is of high importance that Vendor maintains check on stock, dates, and turns.

5.1. In an effort to educate the community and further promote the popularity of locally produced items, as well as increase sales of locally grown or produced items, Deep Roots Market recommends that all local vendors participate in and support active demonstrations at the store.

5.2. The Retailer will work with local vendors to schedule a time and date for an active demo at the store.

5.3. Vendors will sample their products to customers and be prepared to answer customer questions regarding the products.

5.4. Vendors will supply the products for the demos or credit the Retailer for product used from stock.